Indiana Court of Appeals
COA: Trial delays not defendant's fault
August 4, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a motion for discharge pursuant to Criminal Rule 4(C) because the court
incorrectly attributed delays to the defendant.
MoreCOA reverses one dismissal of inmate's suit
August 3, 2009
Jennifer NelsonThe New Castle inmate with a history of filing frivolous lawsuits got a minor victory in the Indiana Court of Appeals today.
The judges reinstated his complaint against the only person who presided over the inmate's disciplinary hearing for a
Department of Correction rule violation for filing a frivolous claim.
MoreCOA: University should get summary judgment
July 30, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled in favor of the trustees of Indiana University, finding the trial court erred when it denied
summary judgment for the school and concluded a provision in an agreement between the school and a fired professor was ambiguous.
MoreCourt failed to include all assets in marital pot
July 29, 2009
Jennifer NelsonFor the second time in the same case, the Indiana Court of Appeals reversed a trial court's division of assets in a marital
dissolution because the trial court excluded from the marital pot the property the parties brought into marriage.
MoreCOA rules on coal bed gas dispute
July 24, 2009
Jennifer NelsonIn settling a dispute between two Illinois companies regarding who has the legal right to recover coal bed methane gas, the
Indiana Court of Appeals made its decision based on public safety and ruled in favor of the company assigned the coal bed
gas lease.
MoreCOA splits in application of statute in med-mal suit
July 23, 2009
Jennifer NelsonThe issue of whether the Journey's Account Statute applied to a woman's medical malpractice claim filed after the
statute of limitations expired caused a split of an Indiana Court of Appeals panel.
MoreCourt rules on suspended sentence issue
July 23, 2009
Jennifer NelsonA panel of Indiana Court of Appeals judges ruled on an issue that has generated a split of opinion among them: whether a fully
executed sentence is equivalent to a sentence of equal length but partially suspended to probation for purposes of review
under Appellate Rule 7(B).
MoreCOA declines ruling on constitutionality of plan
July 22, 2009
Jennifer NelsonThe Indiana Court of Appeals declined to address the constitutionality of a Department of Correction program for sex offenders
based on the deficient record before it and because the appellate court could decide the case without ruling on the constitutionality
of the program.
MoreStatute doesn't authorize dismissal of charges
July 21, 2009
Jennifer NelsonEven if the Indiana Court of Appeals concluded the trial court violated statute by failing to set a juvenile delinquency
hearing within the 60-day time limit, the appellate court doesn't believe the statute authorizes dismissal of the charges
as the defendant argues.
MoreCOA: Only deceased's parent can have visitation
July 20, 2009
Jennifer NelsonA paternal grandmother whose son was convicted of manslaughter in the death of his child's mother doesn't have standing
to petition for visitation with her grandchild under the Grandparent Visitation Act, the Indiana Court of Appeals ruled today.
MoreJudge to throw out first pitch at pro bono night
July 17, 2009
Jennifer NelsonIndiana Court of Appeals Judge Melissa May will throw out the first pitch tonight at a Gary baseball game at which attorneys
will be honored for their pro bono work.
MoreJudges: Court should have questioned jurors
July 15, 2009
Jennifer NelsonJudges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because
the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action
by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.
MoreCOA: Dog sniff requires reasonable suspicion
July 14, 2009
Jennifer NelsonAnalyzing the issue for the first time, the Indiana Court of Appeals today determined reasonable suspicion is needed to conduct
a drug-detecting dog sniff of a private residence. Even though the state didn't argue the police had reasonable suspicion,
it established the officers relied on the warrant executed after the sniff in good faith.
MoreJudges: Town ordinance invalid
July 14, 2009
Jennifer NelsonThe Indiana Court of Appeals declared today a Plainfield town ordinance authorizing the imposition of storm-water fees on
properties outside of the town's corporate boundaries to be invalid because under Indiana Code, the town only has the
authority to collect the fee within its corporate limits.
MoreAttempted murderer may adopt under statute
July 13, 2009
Jennifer NelsonUnder Indiana statute for adoption, attempted murder isn't listed as a conviction that would prohibit a court from granting
the adoption, but aggravated battery is.
MoreTownship assessor loses appeal
July 13, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted
a bill that eliminated her office and transferred her duties to the county assessor.
MoreCOA: alternative murder sentence illegal
July 10, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled a defendant is entitled to re-sentencing on his murder conviction since the trial court
wasn't authorized to sentence him to death and to a term-of-years sentence if the death penalty was overturned.
MoreJudges don't agree candidate is 'qualified'
July 10, 2009
Jennifer NelsonIndiana Court of Appeals judges disagreed as to whether an elected at-large school board candidate was "qualified"
under the Indiana Constitution to take office because his election caused three members from the same school district to be
on the board.
MoreCOA: Rentals not restricted by covenants
July 9, 2009
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals determined today the rental of cabins in a subdivision was allowed
under its restrictive covenants because the rental property was for "residential use."
MoreCOA: Home isn't allowed in marital estate
July 8, 2009
Jennifer NelsonEven though a trial court believed a wife's testimony that her in-laws' purposefully kept her from receiving any money
from the sale of the marital residence in the event of a divorce, the lower court erred by including the residence in the
marital estate, ruled the Indiana Court of Appeals.
MoreFirst impression for habitual offender statute
July 7, 2009
Jennifer NelsonIn an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant's prior conviction for
conspiracy to deal in cocaine qualified as a conviction for dealing in cocaine under the state's habitual offender statute.
MoreCOA reverses rape conviction in cold case
July 7, 2009
Jennifer NelsonThe Indiana Court of Appeals today affirmed a man's recent conviction for a murder he committed more than 20 years ago,
but it reversed his rape conviction on insufficient evidence. The state failed to file a charge in which it had evidence to
support a conviction of a sexual attack against the victim.
MoreCourt: counties responsible for GAL, CASA fees
June 30, 2009
Michael HoskinsIn a significant opinion about the funding of child welfare cases, the Indiana Court of Appeals ruled today that any guardian
ad litem or Child Appointed Special Advocate fees associated with a child in need of services case must be paid by the county
and not the state agency that lawmakers gave more oversight power to in the past year.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...